TERMS OF SERVICE FOR VNAMALL E-COMMERCE TRADING PLATFORM

1. INTRODUCTION

1.1. Welcome to VNAMALL E-commerce Trading Platform through the website interface (“VNAMALL Platform”).

1.2. The VNAMALL platform is owned by Vietnam Airlines Corporation - JSC (Vietnam Airlines) and is managed and operated by Sky Dragon Investment and Trade Co., Ltd. (Sky Dragon), hereinafter collectively referred to as "We" or "VNAMALL."

1.3. VNAMALL Platform (www.vnamall.vietnamairlines.com) is a Subsite store under the e-commerce service website of Vietnam Airlines (www.vietnamairlines.com) registered with the Ministry of Industry and Trade. For details, please refer here.

1.4. All activities related to the provision, purchase, and sale of goods and services on the VNAMALL platform by you (“Customer/Buyer”) must comply with the Terms of Use of the Website and the E-commerce Application and the Operating Regulations of the e-commerce service website vietnamairlines.com.

1.5. By accessing and participating in transactions on the VNAMALL platform, the Customer is considered to have understood their rights and obligations and accepted the terms and conditions stated in these Terms of Service; the Terms of Use of the Vietnam Airlines Website and Mobile Application; the Operational Regulations of the E-commerce Service Website; the Privacy Policy, and the conditions, terms, policies, and regulations referred to in these Terms of Service.

1.6.  In case of disagreement with these Terms of Service and the conditions, terms, policies, and regulations mentioned herein, please stop accessing and transacting on VNAMALL.

1.7. The “Services” provided by Us include:

(a) VNAMALL Platform;

(b) Goods/services provided by Merchants/Sellers on VNAMALL Platform;

(c) All features, functions, programs; information, links, data, text, images, graphics, music, sound, videos streamed live in real-time (livestream), messages, tags, content, or other data and materials available on the VNAMALL platform or other services related to the VNAMALL platform (hereinafter referred to as "Content");

(d) Any new features or functions added or expanded on the VNAMALL platform.

1.8. VNAMALL reserves the right to change, modify, suspend, or terminate all or any part of the Services at any time in accordance with legal regulations.

 

2. PERSONAL INFORMATION PRIVACY

When the Customer uses the Services on the VNAMALL platform, We may collect and process the following types of personal information:

- Full name; email; phone number; delivery address.

- Information collected when the Customer accesses and uses the VNAMALL platform: IP address, cookies, login code, and other connection information.

- Other types of personal information that We notify in the Vietnam Airlines Privacy Policy or at the time of collection based on the Customer's consent.

We use Customer's personal data primarily to serve the Customer's interests when using the Services on the VNAMALL platform (providing goods/services, resolving complaints, order management, and providing promotional programs) and for other purposes as specified in the Vietnam Airlines Privacy Policy.

To understand the rights of the Buyer/Customer, the rights and obligations of the Merchant regarding personal data, and the commitments and measures for personal data security on the VNAMALL platform, please read and accept the Vietnam Airlines Privacy Policy here.

 

3. INTELLECTUAL PROPERTY RIGHTS OF VNAMALL

3.1. The intellectual property rights (IPR) of the VNAMALL platform are associated with the IPR of the Vietnam Airlines website and mobile application. Customers are advised to refer to the details in the Terms of Use of the Website and Mobile Application here. By accessing VNAMALL, you agree to comply with current legal regulations related to intellectual property and the Terms of Use of the Vietnam Airlines website and mobile application.

3.2. For clarity, VNAMALL is not an agent or representative of any Merchant/Seller and does not hold and/or own any goods/services introduced and offered for sale on the VNAMALL platform.

3.3. If you are the Author or Rights Holder of intellectual property rights or an authorized representative appointed by the Rights Holder and believe that your intellectual property rights are being infringed, please file a complaint at vnamall.vietnamairlines.com and provide VNAMALL with supporting documentation for your claim. Please allow us time to process the information provided. VNAMALL will respond to your complaint as soon as possible.

3.4. We understand that manufacturers or suppliers, in accordance with relevant legal regulations, may have the right to enter into exclusive distribution agreements or minimum price agreements for their products with third parties. However, violations of these agreements do not constitute infringement of intellectual property rights on the VNAMALL platform. VNAMALL will not assist in resolving complaints related to such violations, except where required by law.

 

4. ACCOUNT SETUP

4.1. Some features of the Service require the Buyer to register an Account by selecting a unique username ("Username") and password, and providing honestly and accurately certain personal information.

4.2. If you are a minor or have lost or limited legal capacity according to the laws of the country where you reside, you need to receive support or approval/permission from your parents or legal guardians, as applicable, to open an Account and transact on VNAMALL. In that case, your parents or legal guardians, as applicable, need to assist you in understanding or accept on your behalf this Terms of Service and the terms, conditions, regulations, and policies referred to in this Terms.

If you are unsure about your age or legal capacity, or do not understand these terms and applicable legal regulations regarding your age or legal capacity, please do not create an account or use VNAMALL services until you receive assistance from your parents or legal guardians.

If you are the parent or legal guardian of a minor or someone who has lost or limited legal capacity, as applicable under the law, you need to assist the minor/ward in understanding or represent them in accepting these Terms of Service and the terms, conditions, regulations, and policies referred to in these Terms to protect their legal rights and interests, and be responsible for the entire process of setting up and using the Account or VNAMALL services.

4.3. VNAMALL may contain links to other websites/applications or data sources. Customers are responsible for accessing these links. VNAMALL does not review, monitor, or verify the content, accuracy, viewpoints expressed on these linked websites/applications and data sources. VNAMALL disclaims any legal liability related to the accuracy, content, safety, and display or deletion of information on these linked websites/applications and data sources.

4.4. By proceeding with the Account registration process, you agree that:

a. Keep your password confidential and only use your Username and password when logging in;

b. Ensure that you log out of your account after each session on the VNAMALL platform;

c. Immediately notify VNAMALL if you detect any unauthorized use of your Account, Username, and/or password;

d. Adhere to legal regulations and these Terms of Service, as well as the terms, conditions, regulations, and policies referred to in these Terms;

e. You are responsible for activities under your Username and Account, including losses or damages arising from unauthorized use related to your password or from non-compliance with these Terms by the Merchant/Customer.

4.5. VNAMALL reserves the right to suspend, temporarily lock, or permanently delete the Account and Username of the Buyer/Customer along with any related information and data immediately, for any reasonable reason, with or without notice, and without liability to the Buyer/Customer or any third party. Basis for VNAMALL to take these actions may include:

a. The Account and Username are inactive for a certain period;
Violation of the terms or spirit of these Terms of Service, as well as the terms, conditions, regulations, and policies specified in or referenced in these Terms of Service;

b. The Customer engages in actions that violate current laws, ethical standards, local customs; uses the Account to conduct unreasonable, fraudulent, abusive, impersonating, harassing, infringing, threatening, defamatory activities;

c. The Customer uses the Account to sabotage, invade, modify programs, functions, features on the VNAMALL platform; create and distribute viruses that damage the system, configuration, transmission of information on the VNAMALL platform or engage in speculative, market manipulation behaviors;

d. The Customer has multiple different user accounts;

e. The Customer purchases products on the VNAMALL platform for business purposes;

f. The Customer purchases a large quantity of goods from a single Seller or a group of related Sellers;

g. The Customer abuses discount codes, sponsorships, or promotional benefits (including selling discount codes to third parties as well as abusing discount codes on the VNAMALL platform);

h. The Customer engages in behavior harmful to the legal rights and interests of other organizations/individuals, third parties, or the legal rights and interests of VNAMALL;

i. The Customer uses fake or dishonest information or uses automated account registration tools when registering an Account;

k. The Customer buys, sells, rents, lends, or registers accounts on behalf of others;

l. The Customer uses the Account to illegally collect, use, exploit personal information or data of other Customers.

4.6. Furthermore, in cases where the Customer engages in the behaviors mentioned above, VNAMALL reserves the right to demand compensation for damages or apply civil measures/urgent temporary measures according to legal regulations, or report to competent state authorities.

4.7. Customers may request the deletion of their Account by notifying VNAMALL in writing. However, Customers are still responsible and obligated for any transactions or orders that occurred before the Account is deleted. Customers are responsible for their request to delete their Account.

4.8. If Customers discover any violations of these Terms of Service on the VNAMALL platform, please contact us.

 

5. PAYMENT METHODS

5.1. At any given time, VNAMALL supports one or more payment methods as follows:

(i) Credit/Debit Card or Installment Payments with Credit Cards Payment via credit/debit card or installment payments with credit cards is processed through third-party payment channels, and the accepted card list depends on the payment channel used by the Buyer.

(ii) Domestic ATM Card - Internet Banking

Payment via domestic ATM card - internet banking is only available to Buyers with domestic ATM cards linked to internet banking (online payment), and does not apply to VISA and Mastercard cards.

(iii) Other available payment methods as announced by VNAMALL at the time.

5.2. Buyers can only change the payment method before making payment.

5.3. VNAMALL is not responsible nor obligated for any losses or damages incurred by the Buyer due to incorrect shipping information and/or payment information for placed orders and/or using payment methods not listed in section 5.1 above or payments made outside VNAMALL. VNAMALL reserves the right to verify the legality and the Buyer's right to use the payment method and may suspend transactions until legality is confirmed or cancel related transactions if legality cannot be verified.

5.4. VNAMALL will only be responsible for orders using VNAMALL's shipping support services.

5.5. Currently, VNAMALL may process refunds to Customers via bank transfer. Therefore, Customers need to provide VNAMALL with their bank account information to receive refunds. For details on refund conditions, please refer to the Delivery and Refund Policy here.

 

6. CUSTOMER FEEDBACK

VNAMALL always welcomes feedback and information from Customers to help improve the quality of its services. Please see VNAMALL's feedback process below.

(i) Feedback should be provided in writing via email or by using the feedback form available on the website here.

(ii) All anonymous feedback will not be accepted.

(iii) Customers related to the feedback will be fully informed and assisted by VNAMALL.

(iv) Unclear, derogatory, or non-constructive feedback will not be accepted by VNAMALL.

 

7. MANAGEMENT OF SELLER CONTENT

7.1. When a Merchant sends information about their products/services to VNAMALL or directly posts it, the Merchant is obliged to comply with all the following regulations and those specified in the Regulations on Management of Negative Information and responsibilities of Merchants on the Regulations on the operation of the Website providing e-commerce services vietnamairlines.com.

7.2. In the event that a Merchant submits any content, documents, or data ("Merchant Data") to VNAMALL for the purpose of building, developing Content on VNAMALL, and promoting, advertising, and selling the Merchant's goods/services, the Merchant affirms and warrants that they have all necessary rights and/or approvals to submit or transfer Merchant Data to VNAMALL.

The Merchant acknowledges and agrees that the Merchant is solely responsible for any Merchant Data sent to VNAMALL for building Content on VNAMALL, including responsibility for legality, accuracy, reliability, and originality of any Merchant Data.

7.3. Any Merchant Data sent by the Merchant to VNAMALL in any form will not be kept confidential by VNAMALL and may be disseminated or used by VNAMALL or third parties (appointed by VNAMALL) without charge, for the purpose of developing Content on VNAMALL and advertising, selling the Merchant's goods/services, and any other lawful purposes notified to the Merchant by VNAMALL.

7.4. Hereby, the Merchant grants VNAMALL and its third parties (appointed by VNAMALL) a continuous, irrevocable, global, non-exclusive, royalty-free, sublicensable, transferable right to use, copy, distribute, reproduce, transfer, modify, edit, create derivative works from, publicly display, and perform such Content through or related to the Service via any media and through any channels, including for the purpose of promoting and selling the Merchant's goods/services or redistributing a part of the Service (or derivative products thereof). The rights granted by the Merchant to VNAMALL regarding any Content shall terminate only when the Merchant or VNAMALL removes such Content from the Service. The Merchant understands that the Content sent by the Merchant to VNAMALL may be transferred to various systems and modified to fit technical requirements.

7.5. By submitting Merchant Data to VNAMALL, the Merchant acknowledges and agrees that VNAMALL and/or third parties (appointed or designated by VNAMALL) have the independent right to develop software, applications, interfaces, products, and to modify and upgrade software, applications, interfaces, and products that may be identical or similar to the ideas stated in the Merchant Data concerning functionality, code, or other characteristics.

7.6. This provision does not apply to personal information subject to the Privacy Policy unless you publicly disclose such information on or through the Service.

 

8. GENERAL PROVISIONS

8.1. VNAMALL reserves all rights and legal interests of VNAMALL not specified or expressly stated herein.

8.2. Customers are not permitted to transfer, sublicense, or assign any rights or obligations granted to the Customer herein.

8.3. No provision in these Terms of Service shall constitute a partnership, joint venture, or agency relationship between the Customer and VNAMALL.

8.4. At any time, VNAMALL's inability to enforce any rights or obligations under these Terms of Service shall not affect, in any way, the enforcement of such rights and obligations by VNAMALL thereafter or the enforcement of other rights and obligations of VNAMALL unless the enforcement of such rights and obligations is waived in writing.

8.5. VNAMALL has the right to transfer some or all of its rights and obligations to a third party. VNAMALL shall provide prior notice of at least 5 (five) days on VNAMALL's platform and shall ensure the Customer's legal rights and interests in the event of transfer.

8.6. If you have any questions or concerns regarding the Terms of Service or any issues related to the use of the Service on VNAMALL's platform, please contact VNAMALL at:

Customer Care Department of VNAMALL:

 

9. APPLICABLE TERMS

9.1. The Terms of Service are effective from the date of posting on www.vnamall.vietnamairlines.com.

9.2. VNAMALL reserves the right to modify or amend these Terms of Service. In cases where amendments are necessary to ensure the purposes and operations of VNAMALL, VNAMALL will notify users on the VNAMALL platform at least 5 days prior to the changes taking effect. After this notification period, the revised, amended, or substituted Terms of Service will officially come into effect. By continuing to use the services after the amended Terms of Service have been announced and enforced, both merchants and customers are deemed to have accepted these Terms of Service.